Excerpt: ...mber 20, 2019 plaintiff filed a motion for reconsideration of the court's ruling sustaining the demurrers with ten days leave to amend on the following grounds: the court erroneously believed that no opposition to the demurrers were filed when, in fact, the opposition was filed on September 27, 2019; the court failed to designate who was to amend the 1st amended complaint, which is confusing, because plaintiff's amended complaint has not been ans...

Excerpt: ...special damages according to proof in a total amount greater than a limited civil action. Plaintiff seeks entry of a default judgment against defendant Sanders in the amount of $180,000. The only documents filed in support of entry of a default judgment against defendant Sanders is the Judicial Council Form CIV‐100 Request for Court Judgment. Plaintiff has not filed any evidence whatsoever establishing the amount of damages plaintiff sustained ...

Excerpt: ...ault judgment was entered against defendant in the amount of $1,052.24. There is no proof in the court's file that plaintiff served defendant with notice of entry of the default judgment. Over one year after entry of default defendant filed the instant motion on August 5, 2019. Defendant moves to vacate and set aside the default pursuant to Civil Code, § 1788.61 and Code of Civil Procedure, § 473.5 on the ground that he was never properly serve...

Excerpt: ...te. Citing paragraphs 3, 4, and 15 of the settlement agreement, plaintiff moves to enforce the settlement agreement by seeking a court order directing defendants to immediately turn over all documentation relating to defendant One Source LED Lighting, LLC's claims against the Judicial Council for breach of contact. The proof of service in the court's file declares that on June 11, 2019 notice of the hearing and the moving papers were served on de...

Excerpt: ...cident that is the subject of this civil action. Defendant Wilson contends that even if he does not offer any direct evidence in the case, he is forced to examine and conduct discovery that will necessarily disclose his strategy and assertions that could potentially be used against him in the criminal case; and if the motion is denied, it would unfairly and severely prejudice his ability to defend himself in the civil case and jeopardize his righ...

Excerpt: ...Timber Cove Holdings, Inc. Defendants demurred to all causes of action. The court issued a tentative ruling prior to the hearing on July 12, 2019 overruling all demurrers to the verified 1st amended complaint. At the hearing on July 12, 2019 the court set the matter for long cause oral argument to take place at 2:30 p.m. on Friday, August 16, 2019, which was later advanced to August 15, 2019 at 1:00 p.m. and then continued to September 13, 2019 d...

Excerpt: ... petitioner, Rural Communities United, can not establish it has standing to maintain the petition, because petitioner did not submit any comments to the CEQA proceedings until after the public comment period terminated and the public hearing on the project closed. Petitioner responded by moving for leave to amend the petition to add two individuals and an unincorporated association called Conserve El Dorado Oaks as co‐petitioners. The petitione...

Excerpt: ...ong cause oral argument, which was set for April 26, 2019. Before the long cause hearing was held plaintiff filed a 1st amended complaint against the County of El Dorado asserting causes of action for promissory estoppel, disability discrimination by failure to accommodate, and disability discrimination by failure to engage in the interactive process; and having received the 1st amended complaint, defendant withdrew its demurrers. Defendant demur...

Excerpt: ... the complaint and defendant has only submitted the following statement in answer to the complaint: “I HAVE NO PROBLEM HONORING MY DEBT. HOWEVER, I WOULD LIKE TO BE ABLE TO MAKE REASONABLE PAYMENTS AS I AM A DISABLED VETERAN, SINGLE PARENT & JUST RECENTLY OBTAINED A HOME AFTER BEING HOMELESS FOR APPROX 9 MOS.” (Emphasis in original.) Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of act...

Excerpt: ...ecuted by defendant's attorney was submitted with the moving papers. Plaintiff opposes the motion on the following grounds: defense counsel has failed to adequately explain why he waited to respond to the 1st amended complaint after receiving notice that his clients' response was already past due; defense counsel's failure to calendar does not excuse his failure to file the motion to vacate the default earlier, since he was on notice of default l...

Excerpt: .... Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to plaintiff's address of...

Excerpt: ... failure to timely respond waives all objections to the requests and the propounding party may move to compel answers to production of documents. (Code of Civil Procedure, § 2031.300.) A motion to compel answers to production of documents must set forth specific facts showing good cause justifying the discovery sought by the demand and must be accompanied by a meet and confer declaration under § 2016.040. (Code of Civil Procedure, § 2031.310.)...

Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...

Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...

Excerpt: ... when requested by a party. (Code Civ. Proc., § 664.6.) The parties agreed in the Stipulation for Entry of Judgment to allow the Court to retain jurisdiction until the terms of the settlement are fully performed. (Exhibit 1, ¶¶ 7, 8.) Therefore, the Court has jurisdiction to enforce the stipulated settlement. The stipulation was filed November, 14, 2014. The stipulation required Defendant to pay the sum of $ 13,906.41 to Plaintiff by payments ...

Excerpt: ...ey fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as s...

Excerpt: ...rney fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as...

Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...he amount of $3,841.31. Approximately one month after entry of default defendant filed the instant motion on July 18, 2019. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 473 on the ground that service of the summons did not result in actual notice in time to defend against the action brought by a debt buyer, because she was not served the summons and complaint. The proof of service in the court's file...

Excerpt: ...egulations regarding minimum lot size, the written easement was executed. (Complaint, paragraph 19.) The grant of easement was recorded on July 21, 1986. (See Complaint, Exhibit 2.) Defendant filed a cross‐complaint against plaintiffs seeking declaratory relief concerning the validity and enforceability of the subject easement and to quiet tile to the easement area on the ground that the easement was unenforceable and void as the easement effec...

Excerpt: ...specific performance. Defendants filed their answer to the 1st amended complaint on June 11, 2018 and on that same date filed a cross‐complaint for partition of real property. Plaintiff filed her answer to the cross‐ complaint on July 12, 2018. On May 17, 2019 plaintiff filed a motion for leave to file a 2nd amended complaint in order to add causes of action for financial elder abuse, to quiet title, and for a TRO, preliminary injunction and ...

Excerpt: ...s‐Defendant Polam Federal Credit Union demurs to the intentional infliction of emotional distress, unfair business practices, and declaratory relief causes of action on various grounds. Cross‐Complainants oppose the demurrers on various grounds. Cross‐Defendant Polam Federal Credit Union replied to the opposition. Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is r...

Excerpt: ... York Mellon demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on various grounds and requests that leave to amend be granted should any demurrer be sustained. Plaintiffs also object to all of defendant's requests for judicial notice. Plaintiffs' Objections to Defendant New York Bank Mellon's Requests for Judicial Notice Defendant New York Bank Mellon requests the court to take judicial notice of the note and docu...

Excerpt: ...ce, motor vehicle wrongful death, motor vehicle survival, Government Code, § 815.2 public entity liability for employee negligent conduct, public entity wrongful death, public entity survival action, and dangerous condition of public property (Government Code, § 835) causes of action. Defendant CALTRANS demurs on various grounds to the allegations of general negligence found within various causes of action, the 4th cause of action for liability...